Roommate suspected in Lodi shooting to face trial

STOCKTON - A Lodi man will stand trial for murder in the May shooting death of his roommate, a San Joaquin County Superior Court judge ruled Thursday.

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By Keith Reid

recordnet.com

By Keith Reid

Posted Oct. 18, 2013 at 12:01 AM

By Keith Reid

Posted Oct. 18, 2013 at 12:01 AM

» Social News

STOCKTON - A Lodi man will stand trial for murder in the May shooting death of his roommate, a San Joaquin County Superior Court judge ruled Thursday.

The defense for Richard Welker, 33, maintains the shooting of his roommate Arlie Druen was the result of an accidental discharge of a Colt .380-caliber handgun. Welker and Druen were at their home and with other friends "checking out" some of Welker's guns when the incident occurred.

During two days of testimony in a preliminary hearing, an expert gun analyst with the Department of Justice reported his inspection of the gun and said it does have a rare defect. When its slide is pulled back and released, the gun will fire all of the rounds it has in its clip in rapid succession, like an automatic pistol.

Defense attorney Victoria Bossi argued that Welker and Druen were close friends with no ill will between them and the shooting was a tragic accident, a misfire of the volatile gun.

Deputy District Attorney Jeff Conley argued that Welker knew how the gun worked and tried to cover up the shooting before another witness called 911 to help Druen. Conley also presented a theory in court on Wednesday that an affair between Druen and Welker's ex-girfriend is a potential motive.

Judge Elizabeth Humphreys ruled Thursday that the prosecution presented probable cause for a murder charge. She made three key points in her ruling:

» Welker has a felony record, and by law he is not allowed to own or be in possession of a gun.

» Testimony indicated Welker knew the gun was unstable, yet he did not handle the gun with care and allowed it to be handled, with ammunition loaded, in a room full of people.

» Welker made efforts to cover up the shooting immediately after the fact.

Conley said the judge's ruling means his job is to prove the murder charge, and a jury will decide if it was first- or second-degree murder, voluntary or involuntary manslaughter, or if he is not guilty on any of those counts.